Chandeshwar Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5353 of 2016 Arising Out of PS.Case No. -106 Year- 2015 Thana -KAKO District- JEHANABAD ======================================================

1. Chandeshwar Yadav son of Late Anmoli Yadav

2. Sunil Yadav son of Chandeshwar Yadav

3. Sugiya Devi W/o Chandeshwar Yadav Both resident of Village- Dharhara, P.S.- Kako, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Indu Devi wife of Late Ishwar Yadav.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Prasad Singh For the Informant Mr. Sunil Kumar For the Opposite Party/s : Ms. Gulnar Begum Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. Petitioner No. 1 and petitioner No. 3 are the father-in-law and mother-in-law respectively whereas petitioner No. 2 is the Dewar who apprehend their arrest in connection with Kako P.S. Case No. 106 of 2015 registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. Diary in this case was called for earlier, which has, since been received.

After hearing learned counsel for the petitioners and learned counsel appearing on behalf of the informant it appears that earlier also just prior to the natural death as is being submitted by the petitioner, there was quarrel between the family members

Patna High Court Cr.Misc. No.5353 of 2016 (8) dt.29-08-2016 P2/2 and the deceased, as a result of which, the girl had committed suicide. It further appears from the materials which have surfaced in the case diary that there had been continuous demand of dowry and also torture at the hands of the family members, as a result of which, she had been taken to the hospital on account of severe assault.

In view of such facts and circumstances, I am not inclined to grant anticipatory bail to these petitioners. It is accordingly rejected.

In case, the petitioners surrender in the Court below within a period of four weeks from today, their case shall be considered on its own merit without being prejudiced by this order.

(Anjana Mishra, J) Saif/- U T